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HomeMy WebLinkAboutMS-06-07 - Decision - 0340 Spear Street#MS-60-07 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING RALPH DESLAURIERS - 340 SPEAR STREET MISCELLANEOUS APPLICATION #MS-06-07 FINDINGS OF FACT AND DECISION Ralph Deslauriers, hereinafter referred to as the applicant, is seeking to amend a building previously approved as part of a planned unit development consisting of (1) 32- unit multi -family dwelling. The amendment consists of altering the roof pitch, 340 Spear Street. The Development Review Board held a public hearing on September 19, 2006. Michelle Dufresne and Skip McClellan represented the applicant. Based on testimony provided at the above mentioned public hearing and the plans and supporting materials contained in the document file for this application, the Development Review Board finds, concludes, and decides the following: FINDINGS OF FACT 1. The applicant is seeking to amend a building previously approved as part of a planned unit development consisting of (1) 32-unit multi -family dwelling. The amendment consists of altering the roof pitch, 340 Spear Street. 2. The owner of record of the subject property is Cupola Golf Course, Inc. 3. The subject property is located in the Residential 12 Zoning District. 4. The plans submitted consist of a three (3) page set of plans, page one (1) entitled, "Quarry Hill — Phase I QHC Lot #2 South Burlington, Vermont", prepared by Innovative Design, Inc. 5. The applicant is proposing to adjust the roof pitch from a flat, mansard style roof to a pitched roof. Because the height of a pitched roof is measured not to the top of the roof, but rather the midpoint between the top and the eaves, the applicant has stated that the building will reach an elevation several feet higher than the existing plan. However, the building will continue to respect the height waiver of 16'2" and building height of 56'2" granted as part of the final plat approval on July 6, 2004. 6. The applicant has provided scaled drawings and sketches which superimpose the building against the sight line of abutting properties. Given the steep grading in the area, the proposed building will continue to be below the view of most abutting properties. This will not impair any important scenic views from any public rights -of -way. 7. The applicant is also making minor alterations to the fagade. There are no issues with this change. - 1 - #MS-60-07 8. This is a minor miscellaneous application and results in no change to setbacks, coverages, or other dimensional requirements that would create non-compliance as regulated in the South Burlington Land Development Regulations. �1 DECISION y� Motion by 6 �! A 6 4 -,seconded by W6G � � to approve Miscel aneous application #MS-06-07 of Ralph DesLauriers, subject to the following conditions: 1) All previous approvals and stipulations shall remain in full effect, except as amended herein. 2) This project shall be completed as shown on the plans submitted by the applicant and on file in the South Burlington Department of Planning and Zoning. 3) The applicant shall obtain a zoning permit within six (6) months pursuant to Section 17.04 of the Land Development Regulations or this approval is null and void. 4) Any change to the plan shall require approval by the South Burlington Development Review Board or the Administrative Officer. Mark Behr — yea/nay/abstain/not present Matthew Birmingham —nay/abstain/not present John Dinklage — e nay/abstain/not present Roger Farley — nay/abstain/not present Eric Knudsen — e nay/abstain/not present e nay/abstain/not present Peter Plumeau —� Gayle Quimby — e nay/abstain/not present Motion carried by a vote of Signed this day of 2006, by i John Dinklagd, Chair Please note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to 24 VSA 4471 and VRCP 76 in writing, within 30 days of the date this decision is issued. The fee is $225.00. If you fail to appeal this decision, your right to challenge this decision at some future time may be lost because you waited too long. #MS-60-07 You will be bound by the decision, pursuant to 24 VSA 4472 (d) (exclusivity of remedy; finality). -3-